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Ahmaud Arbery killing trial: Defense attorney sought a plea deal for one defendant and was declined, Arbery’s mother’s lawyer says

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“Prosecutors shared with” Arbery’s mother that defendant William “Roddie” Bryan Jr.’s lawyer “asked for a plea deal before resting their case,” and “prosecutors declined any plea offer,” Lee Merritt, an attorney the mother, said Friday.

Reporters outside the southeastern Georgia court where the trial is being conducted asked Kevin Gough, Bryan’s attorney, on Friday whether he asked prosecutors for a plea deal.

“I don’t know what y’all are talking about,” Gough responded as he walked toward a courthouse entrance.

Arbery’s mother, Wanda Cooper-Jones, confirmed to reporters outside the same courthouse Friday that she heard from the district attorney about the request for a deal.

The district attorney’s office that is prosecuting the case declined to comment about being approached about a plea deal.
The claim about a plea deal request comes as defense attorneys are expected to begin closing arguments Monday after 10 days of court proceedings and testimony from more than 20 witnesses and investigators. The defense rested its case Thursday, and lawyers and the judge were working in court Friday on what instructions to give to the jury.
Three White men — Travis McMichael, his father Gregory McMichael and their neighbor Bryan Jr. — face charges including malice murder and felony murder in the death of Arbery, a 25-year-old Black man who was chased by the trio on February 23, 2020, in the Satilla Shores neighborhood near Brunswick, Georgia.
Arbery’s family has said he was out for a jog when he was killed. Defense attorneys contend the McMichaels, suspecting him of burglary, were trying to conduct a lawful citizen’s arrest, and that Bryan, after seeing the McMichaels chase Arbery, attempted to cut Arbery off, followed and recorded cell phone video of the pursuit and shooting. The younger McMichael testified he shot Arbery in self-defense as he and Arbery wrestled over McMichael’s shotgun. All three defendants have pleaded not guilty.

Defense lawyer’s motion for mistrial rejected

On Friday, Gough again filed for a mistrial, this time saying it was because of concerns over a “demonstration” that occurred outside the Brunswick courthouse Thursday.

“This is an event that is literally, literally at the courthouse door with more people than I could count outside,” Gough said.

The defense attorney was referring to a “Prayer Wall” event Thursday afternoon, that was attended by a large group of pastors, clergy and other supporters of the Arbery family from across the country.

State prosecutors accused him of orchestrating the demonstration with his complaints about the presence of nationally known African-American clergymen in the courtroom.

“They’re responding to what he strategically, knowingly, intelligently did so that there would be a response so that he could then complain of it,” lead prosecutor Linda Dunikoski said. “That is good lawyering right there, because now he’s motioned for a mistrial based on something that he caused.”

The judge rejected Gough’s motion.

Seemingly attempting to put distance between himself and Gough, Travis McMichael’s attorney on Friday afternoon called the prayer event “beautiful” and “powerful.”

“There was passion, there was emotion, there was community support,” attorney Jason Sheffield said. “The community came together in a beautiful, powerful way on an issue that they felt very passionately about.”

Closing arguments expected Monday

The trial has touched on a number of issues of national concern, from the role of race in the criminal justice system to how video evidence can spur action, the limits of self-defense rights and the consequences of using firearms on public streets.

Supporters of Arbery have held prayer vigils and marches outside the courthouse in Brunswick, the seat of Glynn County.

Charges were not filed against the defendants for months until Bryan’s cell phone video emerged, sparking outrage and condemnation over the glacial progress of the case.
The first two prosecutors recused themselves due to conflicts of interest, citing their proximity to Gregory McMichael during his career. Ultimately, prosecutors in Georgia’s Cobb County — more than 200 miles from where Arbery was killed — were appointed to the case.

Additional charges levied against the defendants include aggravated assault, false imprisonment and criminal attempt to commit a felony. If convicted, each man could face life in prison without the possibility of parole.

All three men have also been indicted on federal hate crime and attempted kidnapping charges.

Prosecutors cite inconsistencies from Travis McMichael

The McMichaels, according to their attorneys, suspected Arbery of burglary in part because they and several neighbors were concerned about people entering an under-construction home — and because of Travis McMichaels’ encounter with a man in the neighborhood on February 11, 2020, nearly two weeks before the shooting.
According to testimony, the deadly pursuit started with this: A neighbor called police on the afternoon of February 23 to say a man later identified as Arbery was at the construction site alone. Arbery ran off as the man called police, the neighbor testified.
Gregory McMichael, investigators testified, said he initiated the pursuit after seeing Arbery speedily run by McMichael’s home, and that he believed Arbery matched the description of someone who had been recorded at the construction site before.
The prosecution has said surveillance videos do show Arbery at the construction site multiple times, including the day he was killed, but always without breaking in and without taking anything.
Prosecution witnesses also have testified that the McMichaels did not know for certain at the time of the chase that Arbery was at the site that day, or whether the man in the videos had ever taken anything from the construction site.
The owner of the unfinished home, Larry English Jr., testified in a September deposition — played for jurors last week — that he “probably” had told the McMichaels about incidents on his property. English said he never authorized the McMichaels to confront anybody on the construction site.

Travis McMichael testified that on the day of the shooting, his father told him he saw “the guy that has been breaking in down the road.” Jumping into their truck, Travis McMichael said they caught up to Arbery and tried talking to him twice, but that Arbery did not respond.

Travis McMichael said he noticed another truck in the neighborhood. Prosecutors contend Bryan, the third defendant, got in his own truck and joined the pursuit, though he did not know what was going on, and struck Arbery with his vehicle.
Eventually pulling ahead of Arbery down the road, McMichael testified, he parked his vehicle and exited, then pointed his shotgun at Arbery as he approached, telling him to stop. McMichael testified Arbery darted to him, grabbed the rifle and struck McMichael before he then shot Arbery.
On Thursday, prosecutor Linda Dunikoski challenged McMichael over what she said were inconsistencies in his accounts to authorities. That included not telling police initially that he and his father were trying to make a citizen’s arrest, though that’s what the defense has since contended. She also covered differences in his accounts on when and where he told Arbery certain things, such as to stop.

McMichael responded he was “scattered” and “mixed up” in the hours after the shooting, because “this is the most traumatic event I’ve ever been through in my life.”

McMichael also acknowledged several times, under Dunikoski’s questioning, that he never saw Arbery armed during the pursuit, never heard Arbery verbally threaten him and that Arbery never responded or showed any interest in conversing with McMichael as he tried to ask what he was doing.

On Friday, Sheffield called his client “brave’ for choosing to testify, saying the younger McMichael was “continuing to do his duty to the truth by telling his story, by subjecting himself to cross-examination.”

He also suggested that health concerns may have played a role in the decision to not put Gregory McMichael on the stand.

Racial aspects have not gone unnoticed

Race has been a noticeable factor surrounding the case, with three White men standing accused in the death of the Black jogger. In a county that has a 69% population of White residents and 26% Black, according to Census Bureau data, 11 of the 12 jurors are White.

Satilla Shores, the neighborhood where the shooting took place, is just outside Brunswick city limits. About 55% of the 16,200 residents in Brunswick are Black, compared to 40% who are White, according to the Census data.

Judge Timothy Walmsley said before opening statements he would allow the case to move forward, but he said the court “has found that there appears to be intentional discrimination” in the jury selection.

Ben Crump, an attorney for Arbery’s father, said Arbery had been “denied justice” and was highly critical of the jury makeup, adding, “A jury should reflect the community,” he said on November 4.

Days prior, Gough complained that older White men from the South without four-year college degrees, “euphemistically known as ‘Bubba’ or ‘Joe Six Pack,'” seemed to be underrepresented in the pool of potential jurors that had turned up.

As testimony proceedings moved forward, Gough continuously decried the presence of Black pastors in the public gallery who were there to offer support for Arbery’s family.

Last Thursday, noting the attendance of the Rev. Al Sharpton during the trial, Gough said he had “nothing personally against” Sharpton, adding, “We don’t want any more Black pastors coming in here or other Jesse Jackson, whoever was in here earlier this week, sitting with the victim’s family trying to influence a jury in this case.” Gough apologized for his remarks the next day.

Walmsley stated throughout the case that as long as there were no disruptions from the gallery, no measures would be taken by the court regarding attendance.

CNN’s Travis Caldwell, Alta Spells, Angela Barajas, Eric Fiegel, Christina Maxouris, Dakin Andone and Jason Morris contributed to this report.

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Ahmaud Arbery killing trial: Defense rests

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Defense attorneys rested their case following the prosecution’s cross-examination of Travis McMichael as well as testimony from several residents in the neighborhood where the shooting took place. Among them, Cindy Clark, who testified she has lived in the Satilla Shores neighborhood since 2004 and was aware of “petty crime” incidents since 2006.

Another resident, Sube Lawrence, said she was an administrator for a neighborhood Facebook page in which she would keep up with what people said about crime in the area, and was in touch with a neighbor who would alert her if there was a “suspicious person lurking” at a nearby home under construction so that Lawrence could get her children inside. After Arbery’s shooting, she testified, Travis McMichael asked her to accept him in the Facebook group with a different last name because his account had been hacked, so that he could look at what people were saying.

Closing arguments in the trial will begin Monday morning.

Standing outside the courthouse doors on Thursday evening, Arbery’s mother, Wanda Cooper-Jones, said she was “very confident that we will get a guilty verdict.”

“Very confident,” she repeated.

Earlier in the day, Black ministers and pastors from all over the country gathered for a prayer event to support Arbery’s family, in a show of solidarity against the comments of a defense attorney who attempted to have Black pastors barred from the courtroom.

“Our agenda is that the God we serve will give strength to this woman and this man and this family and an agenda that God would give us justice in this courtroom,” the Rev. Al Sharpton said during the outdoor gathering. “We did not come for an ulterior motive.”

Defendant pressed about differences in accounts

In Travis McMichael’s second day on the witness stand Thursday, a prosecutor pressed him about differences in his initial accounts to police and his later testimony about the pursuit and killing of Arbery.

She also probed him on the final moments of Arbery’s life — including asking why McMichael ever raised his shotgun.

“You’re not letting him run away — you’re pointing (the) shotgun at him,” prosecutor Linda Dunikoski said about the encounter during cross-examination.

“I am not letting him run to me, directly to me,” McMichael countered, talking of his raising his weapon.

McMichael had testified a day earlier that he acted in self-defense as he and Arbery wrestled over McMichael’s shotgun.

On Thursday, Dunikoski challenged McMichael over what she said were inconsistencies in his accounts. That included not telling police initially that he and his father were trying to make a citizen’s arrest, though that’s what the defense has since contended. She also covered differences in his accounts on when and where he told Arbery certain things, such as to stop.

McMichael responded he was “scattered” and “mixed up” in the hours after the shooting, because “this is the most traumatic event I’ve ever been through in my life.”

LIVE UPDATES: The trial in the killing of Ahmaud Arbery

McMichael also acknowledged several times, under Dunikoski’s questioning, that he never saw Arbery armed during the pursuit, never heard Arbery verbally threaten him and that Arbery never responded or showed any interest in conversing with McMichael as he tried to ask what he was doing.

She also pushed him on what he chose not to do.

“You could have driven behind (Arbery) and not spoken to him at all,” and “you could have stayed in your truck” instead of getting out and eventually drawing a gun, Dunikoski said.

McMichael responded “yes” to both statements.

In addition to malice murder and felony murder, the defendants face charges of aggravated assault, false imprisonment and criminal attempt to commit a felony. All have pleaded not guilty. If convicted, each man could face life in prison without the possibility of parole.

Cross-examination focuses on final encounter

On Thursday, Dunikoski also challenged Travis McMichael on why he now claims Arbery grabbed his gun in the final encounter, since he initially told police he didn’t know if that’s what happened.

“It’s obvious he had the gun. … I obviously missed every minute detail” when speaking to police that day under stress, McMichael testified.

On Tuesday, the forensic pathologist who performed Arbery’s autopsy testified that Arbery’s first gunshot wounds — to his wrist and chest — could be consistent with Arbery grabbing or pushing away the shotgun.

When McMichael described the encounter Wednesday, he said that after he and his father pursued Arbery in a pickup truck, he’d parked his vehicle and saw Arbery coming in their direction. He yelled at Arbery to “stop where you’re at” and went to grab his shotgun. Arbery turned and ran, before eventually coming back again, Travis McMichael said.

As Arbery got closer, Travis McMichael drew his weapon on Arbery, McMichael said Wednesday. Arbery darted to the right and later, “starts running back straight to the truck where my father’s at the back of it.” The younger McMichael testified he made his way to the front of the vehicle, and Arbery “turns and is on me, is on me in a flash.”

“He grabs the shotgun, and I believe I was struck on that first instance that we made contact,” Travis McMichael testified.

McMichael said that “if he would have got the shotgun from me, then it was, this is a life-or-death situation. And I’m gonna have to stop him from doing this, so I shot.”

Dunikoski asked him Thursday about what she called his “attitudes toward … vigilantism.” She asked about a January 2019 Facebook exchange with someone, in which that person felt that examples needed to be made out of somebody if they steal things.

“You (responded), ‘That’s right. Hope y’all catch the vermin,'” Dunikoski said.

“That’s correct,” McMichael said.

Travis McMichael describes days and moments leading to pursuit

The McMichaels, according to their attorneys, suspected Arbery of burglary in part because they and several neighbors were concerned about people entering an under-construction home — and because of Travis McMichaels’ encounter with a man in the neighborhood on February 11, 2020, nearly two weeks before the shooting.
Defense attorney Bob Rubin said in opening statements two weeks ago that the person that Travis McMichael saw was Arbery — verified by surveillance video — and that the encounter gave Travis McMichael the belief 12 days later that the person now running could be armed.
According to testimony, the deadly pursuit started with this: A neighbor called police on the afternoon of February 23 to say a man later identified as Arbery was at the construction site alone. Arbery ran off as the man called police, the neighbor testified.
Gregory McMichael, investigators testified, said he initiated the pursuit after seeing Arbery speedily run by McMichael’s home, and that he believed Arbery matched the description of someone who’d been recorded at the construction site before.
On Wednesday, Travis McMichael testified that he was sitting in his home on February 23 when his father ran inside in a “frantic state” and told his son to get his gun, saying the man from days earlier had “just ran by the house” and “something’s happened.”

“I was under the assumption that it was the same individual that I saw (at the unfinished home) on the 11th,” and he had heard previously that things had been stolen from the site, Travis McMichael testified.

The prosecution has said surveillance videos do show Arbery at the construction site multiple times, including the day he was killed, but always without breaking in and without taking anything.
However, prosecution witnesses have testified that the McMichaels did not know for certain at the time of the chase that Arbery was at the site that day, or whether the man in the videos had ever taken anything from the construction site.
Travis McMichael said he grabbed his shotgun when his father beckoned him. As Travis and Gregory McMichael drove and encountered Arbery on February 23, they “identified that yes, this is him,” Travis McMichael testified Wednesday.

“(We decided) let’s try to hold him for the police to talk to him,” Travis McMichael testified. He said he his father told him he had called police, and so assumed police were on their way — but it turned out the father did not have his phone.

The son testified he tried to ask Arbery while still in his truck what was going on, “trying to deescalate” the situation. He said Arbery did not respond and kept running. He testified he tried talking to Arbery a second time, during which Arbery stopped, did not say anything, but took off again after Travis McMichael said police were coming.

Eventually, Travis McMichael said he noticed another truck in the neighborhood. Prosecutors contend Bryan, the third defendant, got in his own truck and joined the pursuit, though he did not know what was going on, and struck Arbery with his vehicle. Arbery at one point seemed to be “grabbing” the other truck well before the final encounter, Travis McMichael testified.

Only late in the sequence, shortly before the shooting, did Travis McMichael realize that his father hadn’t called police. Travis McMichael dialed 911 and handed the phone to his father, he testified.

Arbery had no weapon when he was killed, authorities said.

Correction: A previous version of this story misspelled Linda Dunikoski’s last name.

CNN’s Travis Caldwell and Chris Boyette contributed to this report.

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Travis McMichael, man who shot Ahmaud Arbery, testifies in murder trial: “This was a life-or-death situation”

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One day after the prosecution rested its case, one of the men charged in the murder of Ahmaud Arbery took the stand to testify. Travis McMichael, who shot Arbery in February 2020, walked the courtroom through his version of the minutes before the 25-year-old unarmed Black man was killed, calling it a “life-or-death situation.”

McMichael said he was at his home with his son and his mother on February 23 when his father walked into the house and told him that a man they suspected of breaking into a house in their Georgia neighborhood earlier that month had just run past their house.

McMichael had previously told the court that on February 11 he saw someone “lurking” and “creeping” around his neighbor’s house, which was under construction. McMichael had heard that some people were entering the house and that some things had been stolen. When McMichael went to confront this person, who he described as a Black man, the person appeared to reach into his waistband, leading McMichael to assume he may be armed. McMichael said he got back into his car and left the scene and the man entered the house. Surveillance video from the construction sight showed a man briefly walk through the house but not take anything.

McMichael said he wasn’t sure the man his father saw on February 23 was the same he had seen a few weeks prior, but that he wanted to figure out what was going on. McMichael told the court on Tuesday that when he went outside one of his neighbors was pointing down the street, which he assumed meant that the man had run in that direction. McMichael and his father, both of whom were armed, got into McMichael’s white pickup truck. McMichael said he believed his father had called 911.

The pair spotted Arbery running down the road and identified him as the same person they’d seen at their neighbor’s home. McMichael said they repeatedly pulled up parallel to Arbery and asked him to stop and talk.

But Arbery continued to run without saying a word to them, McMichael claimed. McMichael described him as looking angry, saying, “It made me think something’s happened.” McMichael was concerned Arbery may be armed because of the incident from a few weeks prior.

Travis McMichael takes the stand in the Ahmaud Arbery murder trial on November 17, 2021.

After several attempts to talk to him and “deescalate” the situation, McMichael said, Arbery started running towards their truck. At that point, McMichael was standing next to his truck with the door open and Greg McMichael, his father, was in the back of the truck.

McMichael said he grabbed his shotgun and told Arbery to stop as he got nearer to the truck, fearing Arbery would attack his father or that he may be armed. But Arbery ran to the other side of the truck, McMichael said. Then, Arbery and McMichael met at the front of the truck and Arbery grabbed McMichael’s shotgun, he said.

“It was obvious that he was attacking me,” he said through tears, adding that it was a “life-or-death situation.”

McMichael said he fired a shot but that Arbery did not stop. He then tried to push the shotgun toward Arbery and then back down to free the gun from his grip, but failed. McMichael added “I knew that he was on me” and was worried that if he tripped or something else happened Arbery would overpower him.

Ahmaud Arbery

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McMichael said he fired again, but said Arbery was “still fighting” and “not relenting.” After the third shot, Arbery “disengaged,” let go of the gun and ran off. Arbery was shot three times, but McMichael said that at the time he thought he’d shot him twice.

McMichael and his father then ran over and realized that Arbery was dead, McMichael testified. At that time, the police  —  who McMichael said he’d called just prior to Arbery approaching his truck — had arrived at the scene.

With authorities at the scene, McMichael said he put his shotgun down and “after that it was a blur.”

McMichael, 35, is on trial alongside of his 65-year-old father and their neighbor, William “Roddie” Bryan, 51. All three are charged with murder and other crimes, including federal hate crimes. They have pleaded not guilty.

Since they were charged last year, the McMichaels have maintained that they believed Arbery was the burglary suspect who had been stealing items from the neighborhood in the months prior to the shooting, leaving the community “on edge.” Travis McMichael’s defense attorney, Jason Sheffield, has argued the McMichaels had a right to pursue Arbery under Georgia’s citizen’s arrest law, which allowed citizens to detain people who had committed felonies. Governor Brian Kemp repealed the Civil War-era law in the wake of Arbery’s death. The defense has argued that Travis McMichael shot Arbery in self-defense when Arbery attacked him.

Arbery’s family, however, believes he was gunned down because of his race. Bryan, who joined in the chase and filmed the shooting with his cellphone, told investigators Travis McMichael used a racial slur as Arbery lay dying.

Prosecutors have not contested that Arbery went inside the home under construction in the McMichaels’ neighborhood four times, including on the day of the fatal pursuit. But they said there is no evidence Arbery stole anything. In court last spring, Cobb County senior assistant district attorney Linda Dunikoski argued the defendants falsely imprisoned Arbery and weren’t legally allowed to make a citizen’s arrest because they didn’t witness Arbery committing a crime.

The prosecution is scheduled to continue its cross-examination of McMichael on Thursday morning.

Erin Donaghue contributed reporting.

Sophie Reardon

Sophie Reardon is a News Editor at CBS News. Reach her at sophie.reardon@viacomcbs.com

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Ahmaud Arbery killing trial: Here’s what we know as the defense presents its case

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Before Wednesday’s statements began, a defense attorney again objected to the presence in the gallery of the Rev. Jesse Jackson, asking the judge to declare a mistrial. The judge denied the motion.

Jackson attended court during parts of this week after defense attorney Kevin Gough objected last week to the presence in court of civil rights activist the Rev. Al Sharpton. Gough said last week “we don’t want any more Black pastors coming in here” to potentially influence the jury, and then apologized.

The judge also denied Wednesday defense motions to issue a directed verdict of acquittal on at least some of the charges, based on their arguments a jury couldn’t find them guilty based on presented evidence.

Late last week, attorney Jason Sheffield said he expected the defense to call 30 witnesses, with testimony stretching into early next week.

Attorneys for the three defendants — Travis McMichael, his father Gregory McMichael and their neighbor William “Roddie” Bryan Jr. — say the men acted in self-defense in the shooting of Arbery in February 2020 outside Brunswick, Georgia.
Prosecutors contend the men believed Arbery had committed a crime, and video taken by Bryan of the shooting shows the men chasing Arbery in vehicles before a scuffle led to Travis McMichael firing the fatal shots.
Charges were not filed against the men for months until video footage of the shooting was made public, spurring national outrage and protests.

Defense attorneys have said their clients were trying to conduct a lawful citizen’s arrest of Arbery, whom they suspected of burglary, while Arbery’s family say he had been jogging in the area before the shooting.

Race has played a role both inside and outside the courtroom, not only regarding those on trial — the three defendants are White while Arbery is Black — but in the proceedings surrounding the trial, with defense attorneys objecting to Black pastors sitting in the gallery.

And following a long and contentious jury selection process, Walmsley said the defense had appeared to be discriminatory in selecting the jurors but allowed the case to go forward — with only one Black member on the 12-person panel.
In addition to malice and felony murder, the defendants also face charges of aggravated assault, false imprisonment and criminal attempt to commit a felony. All have pleaded not guilty. If convicted, each man could face life in prison without the possibility of parole.

Forensic pathologist on Tuesday: Nothing could have been done to save Arbery on scene

Prosecutors rested their case following eight days of testimony and 23 witnesses.

Jurors heard Tuesday from Georgia Bureau of Investigation forensic pathologist Dr. Edmund Donoghue, who performed Arbery’s autopsy last year.

Though three shots were fired, only the first and third struck Arbery, Donoghue testified. The first not only grazed his right wrist — hitting an artery and causing severe bleeding — but also struck his center chest, breaking ribs and filling his chest cavity with blood, he said.

The third shot struck his left chest and armpit, hitting his axillary vein and axillary artery and paralyzing his left arm, Donoghue testified.

While a tourniquet could have remedied the wrist injury, nothing could have been done on the scene to save Arbery’s life after either of the torso wounds, Donoghue said.

Thirteen shotgun pellets exited Arbery’s back, and 11 more were recovered from his wounds, the report says.

Without the jury present on Tuesday, Bryan testified about the conditions of where he has been held since he was arrested last year, as part of his defense’s reconsideration motion regarding a speedy trial. Bryan said he was being held at a protective unit at the jail with limited access to showers and outside recreation and that he has been living in fear due to the pandemic.

The judge denied the motion.

Contentious objections from defense over Black pastors’ attendance

Attention at times during the trial has focused on an area distinctly out of the ordinary from many murder trials: the public gallery.

Gough, the attorney for Bryan who apologized last week for arguing that the presence of Black pastors like Sharpton could influence the jury, again raised concern Tuesday about who is allowed in the courtroom’s public gallery during trial.
Gough’s string of complaints began last week after Sharpton joined Arbery’s parents and held their hands to pray together during a break in court proceedings. Gough objected again Monday, when Jackson made his first appearance in the gallery of the courtroom in support of the Arbery family.

Gough on Tuesday filed a motion asking the court to keep a record of who appears in the courtroom, in case any of the three defendants are convicted and an appeal is filed. Gough also asked the court to “take proactive measures” to make sure the presence of people in the gallery do not violate his client’s rights.

The judge denied the motion, saying the court is not going to single out any particular individual or group of people, or restrict members of the public from attending court, as long as no one presents a distraction.

Prominent Black pastor and social activist the Rev. William J. Barber II, who was in Brunswick last week, said he left a member of his organization there to be with Arbery’s family and called Sharpton to have more ministers come down in the coming days.

Jackson has said he plans to attend court proceedings throughout the week in support of Arbery’s family, and Sharpton has called for a march and rally outside the courthouse Thursday.

Previous testimony

The McMichaels, according to their attorneys, were trying to conduct a citizens arrest on Arbery, whom they suspected of burglary after neighbors became concerned about people entering an under-construction home.
The confrontation came minutes after a neighbor called police to say a man later identified as Arbery was at the construction site alone that afternoon. Gregory McMichael, investigators testified, said he initiated the pursuit after seeing Arbery run speedily by McMichael’s home, and he believed Arbery matched the description of someone who’d been recorded at the construction site before.
The prosecution has said videos do show Arbery at the site multiple times, including the day he was killed, but always without breaking in and without incident.
However, prosecution witnesses have testified McMichael did not know at the time of the chase that Arbery was at the site that day, or whether the man in the surveillance videos had ever taken anything from the construction site.
The owner of the under-construction home, Larry English Jr., testified in a September deposition — played for jurors last week — that he “probably” had told the McMichaels about incidents on his property. But English said he never authorized the McMichaels to confront anybody on the construction site.
Bryan, who joined the McMichaels’ chase in his own vehicle, recorded cell phone video of the pursuit and shooting. Prosecutors contend he struck Arbery with his vehicle during the pursuit.

CNN’s Travis Caldwell, Jason Hanna, Jason Morris, Pamela Kirkland, Christina Maxouris and Delano Massey contributed to this report.

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Defense attorney fails to get Rev. Jesse Jackson removed from courtroom in Ahmaud Arbery death trial – USA TODAY

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  1. Defense attorney fails to get Rev. Jesse Jackson removed from courtroom in Ahmaud Arbery death trial USA TODAY
  2. Defense lawyers in the Ahmaud Arbery murder trial called for a mistrial because Arbery’s mother cried in court Yahoo News
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Defense tries to have Jesse Jackson removed from court in trial for Ahmaud Arbery death

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Nov 15 (Reuters) – A lawyer for one of the three white men charged with murdering Ahmaud Arbery, a Black man, in their southern Georgia neighborhood failed in an attempt to have the judge remove civil rights leader Rev. Jesse Jackson from the courtroom on Monday.

The same lawyer, Kevin Gough, made a similarly unsuccessful attempt last week to get the court to prevent any more “Black pastors” attending the trial after the Rev. Al Sharpton, another civil rights leader, was seen sitting with Arbery’s parents in the public gallery. read more

After the jury was sent out, Gough stood in the Glynn County Superior Court and said he objected to what he called “an icon in the civil rights movement” sitting between Arbery’s parents.

“How many pastors does the Arbery family have?” he said, referring to a similar objection he had made on Thursday to Sharpton’s visit. “The seats in the public gallery of a courtroom are not like courtside seats at a Lakers game.”

Gough said the presence of civil rights leaders might influence jurors hearing the high-profile case.

Cell phone footage made by Gough’s client, William “Roddie” Bryan, of the fatal shooting of Arbery after he was chased through Satilla Shores on a Sunday afternoon in February 2020 drew outrage when it was published more than two months later.

Prosecutors say Arbery was an avid jogger, and his killing was seen by some as another example of a Black man facing dangerous suspicion while doing some banal activity in public.

Jackson quietly listened to Gough, holding the hands of Arbery’s father, Marcus Arbery Sr., and mother, Wanda Cooper-Jones. When Gough, who wore no COVID-19 mask, complained that Jackson’s mask was not covering his mouth and nose, Cooper-Jones reached and lifted Jackson’s mask back up.

Judge Timothy Walmsley was audibly exasperated as he rejected the motion by Gough, saying his ruling last week that he would not issue any blanket bans on who could enter a public courtroom would still stand. He said he was not aware that Jackson was in the room until Gough made his motion.

The judge said it was odd that Gough kept objecting to Black pastors showing up and that he was “done talking about it.”

“At this point, I’m not exactly sure what you’re doing,” the judge said. “It’s almost as if you’re just trying to keep continuing this for purposes other than just bringing it to the court’s attention and I find that objectionable.”

Jackson said outside the courthouse during a break in proceedings that he planned to attend all week, calling it “a constitutional right and a moral obligation.”

“They’re looking for diversion,” he said of the defense lawyers.

Sharpton has said he will be joined by more than 100 Black pastors at the courthouse on Thursday.

EMOTIONAL ‘OUTCRY’

Bryan, 52, is standing trial alongside father and son Gregory McMichael, 65, and Travis McMichael, 35, on charges of murder, assault and false imprisonment.

They have pleaded not guilty, saying they were justified in chasing Arbery in their pickup trucks because they thought he may have committed some sort of crime. They do not dispute that the younger McMichael killed Arbery with a shotgun, but say this was self defense after Arbery turned toward him and reached for the raised weapon.

After Jackson was permitted to remain in court, Gough said he wanted to move for a mistrial based on an emotional “outcry” by Arbery’s mother from the public gallery when a photograph of Arbery was shown to jurors on Monday. Several jurors looked over as she sobbed.

Lawyers for the McMichaels joined the motion.

The judge overruled it, reading from a legal precedent that said “emotions are neither unreasonable nor unexpected during murder trials.”

Reporting by Jonathan Allen in New York and Rich McKay in Atlanta, Editing by Ross Colvin, Nick Zieminski and Grant McCool

Our Standards: The Thomson Reuters Trust Principles.

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Ahmaud Arbery killing trial: Rev. Jesse Jackson attends hearing on Monday as testimony continues

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Jackson arrived at the Glynn County Courthouse with Marcus Arbery Sr., Ahmaud Arbery’s father and Barbara Arnwine of the Transformative Justice Coalition. The group held hands as they walked into the courthouse.

Jackson’s attendance followed comments made by a defense attorney Thursday in court, who said “we don’t want any more Black pastors coming in here or other Jesse Jackson, whoever was in here earlier this week, sitting with the victim’s family trying to influence a jury in this case.”

Defense attorney Kevin Gough apologized for his comments, but the fallout has already brought further attention to a trial where race has been a key focus. Three White men stand trial for chasing and killing a Black man, and 11 of the 12 jurors in majority-White Glynn County are White.

On Monday morning, before testimony resumed, Gough asked the judge to “have the sheriff or bailiffs or whoever the court directs identify and keep track of the individuals in the public gallery in the courtroom” for the rest of trial. He said he wanted to preserve a record of the people that the jurors can see in case any of the three defendants are convicted and an appeal is filed.

Judge Timothy Walmsley denied Gough’s motion outside the presence of the jury. The judge did say he would address any distractions if they arose.

Here are the key players in the Ahmaud Arbery death trial

Travis McMichael, his father Gregory McMichael and William “Roddie” Bryan Jr. are charged with malice and felony murder in connection with the killing of Arbery in Brunswick on February 23, 2020. They also face charges of aggravated assault, false imprisonment and criminal attempt to commit a felony. All have pleaded not guilty. If convicted, each man could face life in prison without the possibility of parole.

Arbery’s family has said he was out for a jog when he was shot and killed, while defense attorneys state the three men were attempting to make a citizen’s arrest before Travis McMichael shot Arbery in self-defense.

During a news conference Sunday afternoon in Savannah, Jackson said he planned on being at the courthouse in Brunswick on Monday.

“And we were invited there last week by the defense attorney,” Jackson added, referring to Bryan’s attorney, Gough. Jackson has not been at the courthouse since the start of the trial.

Civil rights leader Rev. Al Sharpton had joined Arbery’s parents and held their hands to pray together during a break in Wednesday’s court proceedings.

Gough said Thursday he had “nothing personally against” Sharpton but decried bringing “high-profile members of the African American community into the courtroom to sit with the family during the trial in the presence of the jury,” adding, “that’s intimidating and it’s an attempt to pressure.”

Gough said on Friday, “I will let the court know that if my statements yesterday were overly broad, I will follow up with a more specific motion on Monday putting those concerns in the proper context. And my apologies to anyone who might have inadvertently been offended.”

The judge had told Gough he did not object to Sharpton taking the place of an Arbery family member in court as long as there were no disruptions.

Jason Sheffield, attorney for Travis McMichael, said Friday that Gough’s comment was “totally asinine. Ridiculous,” and said, “In no way do we want to exclude anybody from this process.”

Testimony from state investigator continues

The trial continued Monday with testimony from an agent who interviewed Bryan on two occasions more than two months after the shooting. The interviews were conducted while Gough was present.

Georgia Bureau of Investigation Assistant Special Agent in Charge Jason Seacrist testified last week that Bryan told him during a May 11, 2020, interview that he knew Gregory McMichael from seeing him around the neighborhood but said he did not know his son Travis.

Bryan had followed the McMichaels as the trio pursued Arbery in their vehicles, with Bryan videotaping the moment Travis McMichael and Arbery wrestled over McMichael’s firearm before Arbery was shot.

In a May 13, 2020, interview, Bryan told Seacrist he was doing work on his porch when the sound of someone running and a vehicle engine caught his attention, the agent testified.

Bryan told the agent he said, “You got him? You need help?” but not loudly, and said he did not believe anybody heard him, according to the interview transcript.

Bryan said in the interview he then grabbed his keys, “I guess just to go see what was going on, if anything needed to be done, if I could help,” according to the transcript.

“I’m thinking through my mind that maybe he’s done something, the guy running,” Bryan said, according to the interview transcript.

Bryan said he tried to slow down Arbery during the chase to get a picture of him, so “something would happen in the end other than just him getting away and cops not knowing who he was.” Seacrist testified he asked Bryan why police would need to know who Arbery was.

“Because I figured he had done something wrong,” Bryan responded, according to the transcript. “I didn’t know for sure.”

When the agent asked Bryan what made him think Arbery had done something wrong, Bryan said, “It was just instinct man, I don’t know,” according to the interview transcript.

“I figured he stole something,” Bryan later added, according to the transcript.

Defense attorneys began their cross-examination late Friday and questioned Seacrist for more than an hour before court adjourned for the weekend.

Neighbor sought to find unknown trespasser

The confrontation between the McMichaels and Arbery on the day of the shooting came minutes after a neighbor called police to say Arbery was at homeowner Larry English Jr’s property that afternoon.

A police officer testified Friday that English had contacted authorities numerous times in the months before the shooting about trespassers on his property — which was undergoing construction — and English had provided video of an unidentified individual on the premises.

Gregory McMichael, investigators testified, said he initiated the pursuit that led to the shooting after seeing Arbery speedily run by McMichael’s home, and he believed Arbery matched the description of someone who’d been recorded at the construction site in the past.

But prosecution witnesses have testified McMichael did not know at the time Arbery was at the site that day or whether the man in English’s surveillance videos had ever stolen anything.
The prosecution has said surveillance videos show Arbery at the site multiple times but always without breaking in and without incident. In his deposition, English denied he ever authorized the McMichaels to confront anybody on the construction site.
On February 11, 2020, less than two weeks before the shooting of Arbery, Glynn County officer Robert Rash responded to a burglary in progress call in the neighborhood, called in by Travis McMichael. Body camera video presented to the jury showed both Travis McMichael and Gregory McMichael were present at the construction site while officers searched the area. Rash testified the call ended up being classified as a trespassing call.

Frank Hogue, Gregory McMichael’s defense attorney, showed the jury a text between Rash and Gregory McMichael where Rash told the elder McMichael to “please call him day or night when you get action on your cameras.”

The state asked the officer, “Was it your intent to deputize them when you sent the message?”

Rash responded, “never.”

CNN’s Alta Spells, Jason Morris, Pamela Kirkland, Chris Boyette, Keith Allen, Christina Maxouris, Mallika Kallingal and Travis Caldwell contributed to this report.

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Ahmaud Arbery murder trial: Defense attorney apologizes after his comments sparked outcry

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“I will let the court know that if my statements yesterday were overly broad, I will follow up with a more specific motion on Monday putting those concerns in the proper context. And my apologies to anyone who might have inadvertently been offended,” lawyer Kevin Gough said.

Gough created a furor Thursday when he decried what he saw as “a precedent … where we’re going to bring high-profile members of the African American community into the courtroom to sit with the family during the trial in the presence of the jury.”

“I believe that’s intimidating and it’s an attempt to pressure.” he said.

The judge told Gough he did not object to Sharpton taking the place of an Arbery family member as long as there were no disruptions.

Gough said Thursday he had “nothing personally against” Sharpton, adding, “We don’t want any more Black pastors coming in here or other Jesse Jackson, whoever was in here earlier this week, sitting with the victim’s family trying to influence a jury in this case.”

Two new witnesses are expected Friday in court, including a police officer who was in touch with the man who owned a home under construction that has been a focus of the case.

Travis McMichael, Gregory McMichael and William “Roddie” Bryan Jr. are accused of chasing Arbery, 25, in vehicles and killing him on February 23, 2020, in Brunswick, Georgia. Defense lawyers have argued that they were attempting to make a citizen’s arrest and that Travis McMichael shot Arbery in self-defense as both wrestled over a shotgun.

The defendants are charged with malice and felony murder in connection with the killing. They also face charges of aggravated assault, false imprisonment and criminal attempt to commit false imprisonment. All have pleaded not guilty. If convicted, each man could face life in prison without the possibility of parole.

The officer who interacted with homeowner Larry English Jr. will be the state’s 13th witness, and he’s expected to have video as part of his testimony. The other witness Friday is expected to be a special agent with the Georgia Bureau of Investigations.

Officer who talked with lot owner to testify

In English’s prerecorded deposition played Thursday in court, he said surveillance footage at his home under construction near Brunswick captured people several times in late 2019 and early 2020, and in some instances he called 911 about the intrusions. He was able to keep track of intruders via cameras that he had installed around the home.

Defense attorneys contend their clients were trying to conduct a lawful citizen’s arrest of Arbery, whom they suspected of burglary after they and several neighbors became concerned about people entering English’s property.

The confrontation came minutes after a neighbor called police to say Arbery was at English’s property that afternoon. Gregory McMichael, investigators testified, said he initiated the pursuit after seeing Arbery speedily run by McMichael’s home and he believed Arbery matched the description of someone who’d been recorded at the construction site in the past.
However, prosecution witnesses have testified that McMichael did not know at the time that Arbery was at the site that day or whether a man in English’s surveillance videos had ever stolen anything.
The prosecution has said surveillance videos do show Arbery at the site multiple times but always without breaking in and without incident.

English denied, when asked by prosecutor Paul Camarillo, that he ever authorized the McMichaels to confront anybody on the construction site.

English appeared unable to recall many of the questions that were asked of him and only provided short answers to most. The state played video recorded from his home surveillance system and the associated calls he made to the police.

English also testified that he had only met Travis McMichael once, and had at least one conversation with Gregory McMichael before the shooting occurred and also talked with him afterward.

Camarillo asked English whether he had told the McMichaels about any incidents at his house.

“Probably. But I’m not sure,” English answered.

Arbery’s family has said he was out for a jog when he was shot and killed.

Cell phone video of the episode surfaced more than two months later, sparking widespread public outrage and demonstrations just weeks before the police killing of George Floyd in Minneapolis set off a summer of nationwide protests against racial injustice.

What justice means to Arbery’s family

In Georgia’s majority-White Glynn County, where the trial is taking place, race has played a central role in the case.

Arbery’s mother expressed her astonishment at Gough’s comments about Sharpton, telling CNN she was “very surprised to know that he frowned upon anybody, any pastor that would come in to sit with the family, to keep us encouraged.” Wanda Cooper-Jones added that she felt it was just very “insensitive” and “also very, very rude.”

In the judge’s order for clarification, he addressed guidance on courtroom seating, stating “families of the victim and those of the Defendants shall have priority…. lf it is apparent that additional seating is available for the public then seats will be allocated on a first come basis.”

Also speaking on CNN, S. Lee Merritt, the Arbery family attorney, said the defense attorney has been filing “bizarre motions” and he is “concerned the makeup of the jury will impact the outcome of the trial.”

“This attorney is talking about the influence of just one Black juror after they used 11 of their 12 strikes to go after the remaining 11 Black jurors in this case. So we know that these attorneys are attempting to change the outcome by relying on old racial discrimination tactics that have denied a lot of families in the South,” he said.

Arbery’s mother says she is anxious when she sits in the courtroom every day, but she wants justice for her son.

“Justice for Ahmaud looks like everyone who was involved, the three individuals that sit behind those tables in the courtroom, but also the DA’s that mishandled the case very early on, every hand that was involved in the death of Ahmaud, I want them brought to justice,” she said.

At a Transformative Justice Coalition Town Hall on Thursday, Arbery’s father Marcus Arbery, was asked about his son’s interest in being an electrician and his message to other children who want to follow their dreams. The family has said Ahmaud Arbery would go into houses to see what the electrical work was like and that’s what he was doing in the unoccupied house that day.

“Don’t let no racial bystander stop your dream. Keep dreaming and keep pushing for your dreams… You know you got a whole life ahead of you to dream of what you want, and if you try to keep pushing to those goals those dreams going to come true,” Marcus Arbery said.

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Ahmaud Arbery killing trial: Homeowner who called 911 about people at site in months before Arbery’s killing testified he did not ask the McMichaels to help secure his property

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Larry English Jr. testified in the September 24 deposition that surveillance footage at his property near Brunswick, Georgia, captured people on the property several times in late 2019 and early 2020, and in some instances he called 911 about the intrusions.

English previously told the court that a serious medical condition prevented him from testifying in person.

English said he had installed cameras around the home that he was able to monitor using an app on his phone. In late October 2019, English made a call to authorities to report an individual on his property, whom he described as “a colored guy, got real curly looking hair,” with tattoos, who was just “pondering around,” and asked for a deputy to go to the property.

He called authorities again when he saw a white couple entering his property on November 17, 2019, telling the dispatcher that “We had … some stuff stolen about a week and a half, two weeks ago there.” English called back a day later, telling authorities that he saw at the construction site the “same guy that was over there about a week and a half, two weeks ago.”

English was asked whether anything was ever taken from his construction site, to which he responded, “Not that I know of.”

Three White men — Gregory McMichael, his son Travis McMichael and William “Roddie” Bryan Jr. — are accused of chasing Arbery, a 25-year-old Black man, in vehicles and killing him in that neighborhood on February 23, 2020.

The defendants are charged with malice and felony murder in connection with the killing. They also face charges of aggravated assault, false imprisonment and criminal attempt to commit false imprisonment. All have pleaded not guilty.

If convicted, each man could face life in prison without the possibility of parole.

Arbery’s family has said he was out for a jog when he was shot and killed. Cell phone video of the episode surfaced more than two months later, sparking widespread public outrage and demonstrations just weeks before the police killing of George Floyd in Minneapolis set off a summer of nationwide protests against racial injustice.
Bryan, who recorded the cell phone video, is accused of hitting Arbery with his truck after he joined the McMichaels in chasing Arbery. According to a transcript read in court Thursday, Bryan told an investigator he “angled” Arbery off the side of a road because he believed Arbery was trying to reach for his truck door, but did not think he hit Arbery.

Owner: I told neighbor he could check my property, but not the McMichaels

Defense attorneys contend their clients were trying to conduct a lawful citizen’s arrest of Arbery, whom they suspected of burglary after they and several neighbors became concerned about people entering English’s under-construction home. The defense contends Travis McMichael shot Arbery in self-defense as Arbery and Travis McMichael wrestled over Travis’ shotgun.
The confrontation came minutes after a neighbor called police to say Arbery was at English’s property that afternoon. Gregory McMichael, investigators testified, said he initiated the pursuit after seeing Arbery speedily run by McMichael’s home, and that he believed Arbery matched the description of someone who’d been recorded at the construction site before.
However, prosecution witnesses have testified that McMichael did not know at the time that Arbery was at the site that day, or whether a man in English’s surveillance videos had ever stolen anything. The prosecution has said surveillance videos do show Arbery at the site multiple times, but always without breaking in and without incident.

In his deposition, English testified that other than police, he only ever gave one person permission to check his property — a man who lives near the site, but is not one of the defendants.

That man had offered to do so, English said, after texting to him that he’d heard about intrusions at the property.

“At any point in time, did you ever authorize the McMichaels to … confront anybody on your site?” prosecutor Paul Camarillo said during the deposition.

“No,” English replied.

Camarillo also asked whether English had given the McMichaels permission to go onto the property, or whether he had told them they couldn’t go on the property. English answered no to both.

He added that he never posted surveillance videos of his site to social media but said he may have shown them to neighborhood resident Matt Albenze.

Albenze testified this week that he called police on the day of Arbery’s killing to say that a man — later identified as Arbery — was at English’s property.

English said he had met Travis McMichael once, and that he had spoken to Gregory McMichael and his wife at least once before the shooting.

Camarillo asked English whether he had told the McMichaels about any incidents at his house.

“Probably. But I’m not sure,” English answered.

Devon M. Sayers reported from Brunswick and Jason Hanna and Alta Spells wrote from Atlanta. CNN’s Pamela Kirkland contributed to this report.

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Ahmaud Arbery shooting: Why the first responding officer didn’t provide first aid to the 25-year-old Black man shot and killed while jogging

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Former Glynn County Police Officer Ricky Minshew said when he arrived at the scene of the shooting on February 23, 2020, his immediate focus was on officer safety.

“When I get to a scene, I scan the area for any immediate threats, and then scan the area for any victims that need emergency medical aid,” Minshew said.

Minshew — who testified he was in the area responding to a report of a “suspicious Black male” before hearing “two loud pop sounds” — came upon the location of the shooting and said saw two White men pacing while Arbery, a 25-year-old Black man, was on the ground bleeding from his wounds.
Gregory McMichael, his son Travis McMichael and their neighbor, William “Roddie” Bryan Jr., are charged with malice and felony murder in the shooting of Arbery, who was jogging in a residential area before being chased by the men in two vehicles. Bryan trailed the McMichaels and recorded video of the shooting. Minshew identified the trio in court as being at the scene.

Minshew testified that after seeing Arbery lying on the ground, he notified dispatch to send emergency medical personnel to the area, then worked to preserve “scene integrity” for investigators.

When asked by prosecutor Larissa Ollivierre how Arbery appeared, Minshew said he was face-down and looked “unresponsive to his surroundings, he appeared to be deceased,” and noted the amount of blood underneath him was “exceeding the perimeter of his body.”

Minshew said he heard from Arbery a type of labored breathing he knew as a “death rattle,” and said he had encountered similar situations in the past where people did not survive much longer.

Ollivierre asked Minshew if he performed CPR, to which he said no, stating he did not because “I did not know any of the people or any of the facts or circumstances to what had happened.”

Minshew testified, “Being that I was the only officer on scene, without having any other police units to watch my back, there was no way I could have switched my attention to anything medical and still be able to watch my surroundings and watch after my own safety.”

He also told prosecutors he did not have the adequate training to render aid, and his vehicle lacked proper equipment to help gunshot wounds or critical injuries.

Body camera footage was shown in court

Graphic footage from Minshew’s body camera was shown to the jury Monday by the defense team in an effort to show “inconsistent statements” made by the former officer, arguing Minshew’s response time to the scene was off.

The video shows Gregory and Travis McMichael pacing near the body of Arbery. Travis McMichael can be seen wearing jeans and a T-shirt with blood on the back of his head and arms.

Prosecutors on Monday played the extended version of William Bryan’s cell phone video of the chase and shooting for the court.

Wanda Cooper-Jones, Ahmaud Arbery’s mother, saw the video showing the shooting of her son for the first time in court Friday and told CNN’s Chris Cuomo Monday she hoped the video would show the jury Arbery had done nothing wrong before he was killed.

“I’m hoping that the jury see what the world see, is that Ahmaud hadn’t committed a crime,” Cooper-Jones said. “He was simply out for a jog. He did stop by that unoccupied home but again, Ahmaud didn’t commit a crime and Ahmaud was chased and eventually killed.”

CNN’s Devon M. Sayers, Pamela Kirkland, Ralph Ellis and Chris Boyette contributed to this report.

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